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1981 PLD 340 SUPREME-COURT

Supreme Court · 1981

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MUHAMMAD RAMZAN VS BASHIR AHMAD Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Evacuee Property and Displaced Persons Laws (Repeal) Act 1975--2 , General Clauses Act 1897--6 , S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2 and General Clauses Act (X of 1897), S. 6-Notice-Contention that petitioner having acquired a right to notice under S. 30 of Act XXVIII of 1958 and landlord being under obligation to give such notice, petitioner's right and landlord's liability -in such regard remained in force under S. 6 of Act X of 1897, hence, notwithstanding repeal of Act XXV111 of 1958 landlord obliged to serve notice under S. 30 on petitioner and such notice having not been given no relationship of landlord and tenant existed between parties consequently landlord could not file eviction application against petitioner- Held: Character and intention underlying provisions of S. 30 relating to issuance of notice and- ,protection of tenant-Of transitory and temporary character and not intended to create any permanent rights and liabilities-Rights, obligations, etc. covered by various clauses of S. 6 of Act X of 1897-